Unjust and extraterritorial law: DMCA: Difference between revisions
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The DMCA is a US legal framework that deprives the accused of the presumption of innocence by removing or blocking their creative work immediately, without any formal investigation or judicial hearing. Once a takedown notice is filed, the burden is on the user to prove they are not infringing, often by revealing personal information and accepting legal risk. The content remains offline until the conflict is resolved, regardless of the user's good faith or the legitimacy of the original claim. | |||
At the same time, the major online platforms that control most global publication and communication are all legally based in the United States. This includes services such as YouTube, Twitch, Facebook, Instagram and others. Even when local consumer law requires these companies to maintain a presence in each country, their terms of service clearly state that every user, whether located in Beijing, Timbuktu or Helsinki, must follow US law and appear before US courts in case of a dispute. This effectively imposes a foreign legal system on millions of people worldwide who have never had any connection to the United States, making the DMCA one of the clearest examples of extraterritorial law applied through private corporate infrastructure. | At the same time, the major online platforms that control most global publication and communication are all legally based in the United States. This includes services such as YouTube, Twitch, Facebook, Instagram and others. Even when local consumer law requires these companies to maintain a presence in each country, their terms of service clearly state that every user, whether located in Beijing, Timbuktu or Helsinki, must follow US law and appear before US courts in case of a dispute. This effectively imposes a foreign legal system on millions of people worldwide who have never had any connection to the United States, making the DMCA one of the clearest examples of extraterritorial law applied through private corporate infrastructure. |